1. Introduction

1.1 This policy sets out entitlements to maternity leave and pay and the obligations of members of staff who wish to exercise those entitlements, and aims to balance the needs of the University with the needs of the member of staff.  

1.2 This policy reflects the University’s commitment to promote equality in all its activities in line with the University’s Equality & Diversity policy which can be viewed at:
www.gla.ac.uk/services/equalitydiversity/equalitydiversitypolicy/

1.3 The following definitions are used within this policy:

• Expected Week of Childbirth (EWOC) - the week, beginning with midnight between Saturday and Sunday, in which it is expected that childbirth will occur.

• Qualifying Week (QW) - the 15th week before the EWOC.

• Statutory Maternity Pay (SMP) - this is paid by the University to female staff who meet the statutory conditions.

• Ordinary Maternity Leave (OML) - the first 26 week period of leave entitlement during which the member of staff will continue to receive all relevant terms and conditions of employment except (unless otherwise agreed) salary and pension.

• Additional Maternity Leave (AML) - the remaining 26 week period of leave entitlement during which the contract continues and, as per OML, the member of staff will continue to receive all relevant terms and conditions of employment except (unless otherwise agreed) salary and pension.  If entitled to SMP, this will be paid for the initial 13 week period. The remaining 13 weeks will be unpaid.

2. Qualifying Period For Maternity Leave Schemes

2.1 All female members of staff are entitled to take up to one years’ maternity leave (52 weeks), regardless of their length of service, subject to satisfying the notification requirements set out below.  (Provisions for the transfer of maternity leave are detailed in Section 10).

2.2 The member of staff’s length of service with the University will determine the leave scheme to which they are entitled.

3. Maternity Leave And Pay Entitlement

The different entitlements to maternity leave and pay are as shown below:

*SMP equals the lesser of £135.45 per week (as at 6 April 2012) or 90% of the member of staff’s average weekly earnings.

Maternity cost calculator

This calculator allows Schools/RIs/University Services to gain an estimate of costs whilst a member of staff is on Maternity Leave. Additionally, staff may use the calculator to gain an estimate of gross weekly earnings during any period of Maternity Leave:

www.gla.ac.uk/services/finance/payandpensions/maternitycostcalculator/

4. Ante-Natal Care

A pregnant member of staff will be allowed to take reasonable time off without loss of pay to attend ante-natal appointments made on the advice of a medical practitioner, registered health visitor or registered midwife, regardless of their length of employment with the University. Staff may be requested to provide evidence of appointments to the University.  Where possible, appointments should be made at times which cause minimal disruption to the working day.

5. Notification Process

5.1 To ensure that the necessary health and safety obligations and provisions can be applied, the member of staff should notify their line manager at an early stage of the pregnancy;

5.2 The member of staff should then enter their request for maternity leave through Employee Self Service, where they will be required to specify the date on which the period of  leave will begin and, subject to meeting the qualifying criteria for the University Maternity Leave Scheme, the scheme (either Option A or B) they wish to take;

5.3 Having been notified of the pregnancy, the line manager will ensure that a risk assessment of the member of staff’s workplace is carried out as soon as possible (further information on this can be found in the Maternity Leave - Guidance Notes for Managers and on the Safety and Environmental Protection Services website which can be viewed at:  
www.gla.ac.uk/services/seps/a-z%20index/newandexpectantmothers/#d.en.172817 

5.4 The member of staff should forward their Maternity Certificate (MATB1 form) to the relevant College/University Services HR team no later than the end of the qualifying week;

5.5 On receipt of the MATB1 form, College/University Services HR will write out to the member of staff to confirm the leave and pay arrangements.  The leave entitlement will be calculated from the agreed date of cessation of work, or from the day after the actual date of cessation of work, if earlier.

Please note, the notification requirements are the same regardless of the scheme that the member of staff qualifies for.

6. Commencement Of Maternity Leave

6.1 The member of staff may commence maternity leave at any time from the 11th week before the expected week of confinement to the date of birth, subject to compliance with the notification procedures.

6.2 In the event that a member of staff gives birth before the maternity leave period was due to commence, they must notify the University as soon as is reasonably practicable of the date on which they gave birth.  In this instance, the maternity leave period will commence automatically on the day after the date of birth.

7. Keeping In Touch During Maternity Leave

7.1 During the maternity leave period the line manager and the member of staff should make reasonable contact with each other. The frequency and mode of communication should be agreed between both parties prior to the commencement of the leave.  If the member of staff wishes to be kept updated on certain matters or developments whilst on maternity leave, this again should be discussed and agreed before the leave commences. 

7.2 Keeping in Touch (KIT) Days - On agreement with their line manager, staff may work up to a maximum of 10 days during the maternity leave period, known as ‘keeping in touch’ days. These days may be taken at any stage during the maternity leave, except within the first 2 weeks after the baby is born.  Keeping in touch days should be mutually agreed - the member of staff is not required to undertake such days, and the University is not obliged to agree to them. Staff will receive the normal hourly/salary rate for the hours worked on such days. This will be calculated inclusive of any maternity payment the member of staff is receiving at the time.  For example, if a member of staff is receiving half maternity pay, an additional 50% of the full hourly rate will normally be paid.  Staff receiving full maternity pay will not receive any additional payments.  If a member of staff is not receiving any pay, the full hourly/salary rate for the hours worked will normally be paid.  The type of work undertaken should be agreed between the member of staff and their line manager.  KIT days can include training courses, staff meetings, away days, performance & development reviews, etc. and should not be restricted to the performance of the member of staff’s normal duties. It is the responsibility of the line manager to monitor KIT days, and to record these within Manager Self Service within 5 days of the member of staff attending work.

8. Returning To Work After Maternity Leave

8.1 Change of return date (notice required) - If a member of staff intends to return to work before the end of their full maternity leave period (i.e. 52 weeks) they must give 8 weeks’ written notice of the date on which they intend to return to their line manager (with a copy to the relevant College/University Services HR team). If the required notice is not given, the line manager may postpone their return until the full 8 weeks’ notice has been given. Please note, the law requires that a member of staff takes a minimum of 2 weeks’ maternity leave following the birth of their baby.

8.2 Right to return to the same/similar role – A member of staff returning to work from a period of ordinary maternity leave will generally return to the job in which they were employed prior to the leave, on the terms and conditions that would have applied had the member of staff not been absent.  Where a member of staff is returning from a period of additional maternity leave, they are entitled to return either to the same job, or if this is not reasonably practicable (for example due to a unit restructure), to an equivalent job which would be considered suitable alternative work, on terms and conditions no less favourable than would have applied if the member of staff had not been absent.

8.3 Right to request flexible working - On returning from a period of maternity leave, a member of staff has the right to request a change to their working hours/pattern.  Whilst there is no automatic right to have this request approved, all requests for part-time work or other flexible working arrangements will be considered in line with operational requirements and needs.  If a member of staff would like this option to be considered, they should write to their line manager setting out their proposals as soon as possible in advance of their return date.  The procedure for dealing with such requests is set out in the University’s Options for Flexible Working Policy.  Please note, any changes made under this policy will be permanent and staff do not have a right to subsequently revert to their original hours of work/working pattern at a future date.

9. Members Of Staff Not Returning To Work

9.1 If the member of staff does not intend to return to work, they must comply with their obligation to give notice as set out in their terms and conditions of employment.

9.2 The University will reclaim the whole or part of the non-statutory element of maternity pay if the member of staff does not return to work, through choice, for a period of at least 3 months following their return from maternity leave.

10. Transfer Of Maternity Leave (Additional Paternity Leave)

10.1 Where the expected week of childbirth begins on or after 3 April 2011, and a member of staff proposes to return to work early without using the full 52-week entitlement to maternity leave, they may be eligible to transfer up to 26 weeks of their outstanding maternity leave (and outstanding SMP) to their spouse, civil partner, partner (including same sex partners), or the father of their child, to be taken as additional paternity leave/pay on the member of staff’s return to work.

10.2 Key points to note: 

• The earliest that additional paternity leave may commence is 20 weeks after the date on which the member of staff’s child is born;
• Whilst the leave does not need to follow on directly from the cessation of the maternity leave, it must end no later than 12 months after the date of birth;
• The minimum period of additional paternity leave is two consecutive weeks and the maximum period is 26 weeks. The member of staff must therefore have at least two weeks of their maternity leave that remains unexpired.

10.3 Further details regarding the transfer of maternity leave should be obtained from the employer of the spouse/partner*.  In the event that a member of staff wishes to transfer part of their maternity leave entitlement in this way, they will be required to submit a written and signed declaration form to the employer, who may also make additional enquiries of the University to verify its employee’s entitlement to additional paternity leave and pay.  *Where the spouse/partner is also employed at the University, the University’s Paternity Leave Policy will apply.  This policy can be viewed at Paternity Leave Policy.

11. Sickness Absence Associated With Pregnancy/Childbirth

11.1 Where a member of staff is absent from work during pregnancy due to ill health, they will receive the normal statutory or contractual sick pay that they would have been entitled to during any other sickness absence, provided that the period of ordinary maternity leave has not yet commenced.  

11.2 If, however, the member of staff is absent from work for any pregnancy related illness during the four week period prior to the commencement of the EWOC, regardless of when the maternity leave period was planned to begin, maternity leave will automatically commence.  In such cases, the maternity leave will begin on the day after the first day of the member of staff’s absence from work.  The member of staff (or their partner/spouse) must notify the line manager that they are absent from work wholly or partly because of pregnancy as soon as possible, specifying the date on which the absence began.  This should be followed up in writing by the member of staff as soon as reasonably practicable. 

11.3 Any absence following the end of the period of maternity leave will be managed in accordance with the University's Sickness Absence Policy which can be viewed at:  Sickness/Absence Policy and Procedures

12. Rights & Obligations

12.1 Maternity leave and pay covers both single and multiple births, and as such entitlement to leave and pay will remain the same irrespective of the number of children born as a result of the same pregnancy.

12.2 During periods of OML and AML the member of staff is entitled to all relevant terms and conditions of employment (except for payment of salary/pension) which would have applied had they not been absent.

12.3 Where a member of staff exercises their right to return to work following a period of maternity leave, the period of absence will be considered continuous service with the University for the purpose of seniority, redundancy rights and other similar rights.

12.4 Pension rights and contributions shall be managed in accordance with the provisions of the relevant superannuation scheme, providing that these provisions do not conflict with any statutory requirements that may apply at the time.

12.5 The member of staff will be entitled to progress through the normal annual increments on the University’s salary scale in accordance with their terms and conditions of employment, to take effect from the normal incremental date.

12.6 Annual leave entitlement will continue to accrue, as normal, during ordinary and additional maternity leave.  Any accrued annual leave may be used in lieu of an equivalent amount of unpaid maternity leave subject to the approval of the Head of School/RI/University Service. 

12.7 During periods of OML and AML the member of staff is required to fulfill the obligations of their terms and conditions of employment with the University, except where those obligations are inconsistent with the right to leave.

13. Other Provisions

13.1 Average weekly earnings will be calculated in accordance with the statutory maternity pay regulations that may apply at that time.

13.2 There is no distinction between live and full-term still births in exercising maternity leave*. For this purpose, full-term still births are those following at least 24 weeks of pregnancy. *Maternity leave cannot, however, be transferred (as per Section 10) in such circumstances. 

13.3 This policy will be regularly reviewed by the University and may be amended at any time following appropriate consultation.

14. Further Information

For further advice and information on this policy, please contact your College/University Services HR team.

15. Useful/Related Links

Information on the childcare voucher scheme can be viewed at:
www.gla.ac.uk/services/benefitsplus/childcareplus/

Details of the University's nursery can be viewed at:
www.gla.ac.uk/services/nursery

The Maternity Cost Calculator can be viewed at:
www.gla.ac.uk/services/finance/payandpensions/maternitycostcalculator/

Guidance for Managers:
Guidance Notes for Managers (Maternity Leave)

Further information on maternity allowance and benefits can be viewed on the Direct Gov website at:
Expecting or bringing up children benefits